CRITICAL
(L)
📢 Someone Reported This
A family member, employee, or ombudsman was alarmed enough to file a formal complaint
Immediate Jeopardy (IJ) - the most serious Medicare violation
Free from Abuse/Neglect
(Tag F0600)
Someone could have died · This affected most or all residents
⚠️ Facility-wide issue
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on record review, resident, family and staff interviews, and review of policy titled ''Abuse Neglect and Exploitation poli...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on record review, resident, family and staff interviews, and review of policy titled ''Abuse Neglect and Exploitation policy'', the facility failed to maintain an environment free from verbal, sexual, and/or physical abuse for four residents (R) R#11, R#12, R#18, and R#28) of 31 sampled residents. The facility failed to ensure the residents were protected after allegations of abuse by suspending alleged perpetrators of abuse during each investigation of alleged abuse and failed to thoroughly investigate and report potential allegations of abuse. The facility's systemic failure to ensure the prevention of abuse created the potential for residents to be or to continue to be abused/neglected/exploited which can lead to serious physical and/or psychological harm for all 126 residents residing in the facility.
On 4/28/2023 a determination was made that a situation in which the facility's noncompliance with one or more requirements of participation had the likelihood to cause serious injury, harm, impairment, or death to residents.
The facility's Administrator and Clinical Nurse Consultant was informed of the Immediate Jeopardy (IJ) on 4/28/2023 at 3:50 p.m. The noncompliance related to the IJ was identified to have existed on 12/21/2022.
An Acceptable Removal Plan was received on 5/2/2023. The removal plan included in-service training for staff on Abuse prevention, Reporting Abuse allegations, and Investigating allegations of abuse, and in-service training for administration staff on reporting and investigating alleged violations. Through observations, record review, and interviews the survey team verified all elements of the facility's IJ Removal Plan, and the immediacy of the deficient practice was removed on 5/1/2023. The facility remained out of compliance while the facility continues management level staff oversight as well as continues to develop and implement a Plan of Correction (POC). This oversight process includes the analysis of facility staff's conformance with the facility's policies and procedures regarding Abuse prevention, Reporting, and Investigating allegations of Abuse.
Findings include:
Review of the facility's ''Abuse Neglect and Exploitation policy'' dated 12/2017 indicated each resident has the right to be free from verbal, sexual, physical and mental abuse; corporal punishment; involuntary seclusion; mistreatment of any kind . Resident will not be subjected to abuse by anyone, including but not limited to, Center staff, other residents, consultants, volunteer staff, family members, friends or others. Bullet III. Prevention of Abuse, Neglect and Exploitation: Provide education on what constitutes abuse, neglect, and misappropriation of property. Take appropriate action to allegations or questions of abuse by residents, family members, employees, or visitors . Supervise staff to identify inappropriate behaviors, such as using derogatory language, rough handling or ignoring residents while giving care, directing residents who need toileting assistance to urinate or defecate in their beds. Bullet IV. Identification of Abuse, Neglect and Exploitation: The facility will consider factors indicating possible abuse, neglect and/or exploitation of residents including, but not limited to, the following possible indicators: Resident, staff or family report of abuse. Verbal abuse of a resident overheard. Physical abuse of a resident observed.
1. Review of the clinical record revealed R#11 was admitted to the facility on [DATE] with diagnoses including fracture of upper and lower end of right fibula and fracture of right tibia. The resident was discharged from the facility on 3/11/2023.
The resident's admission Minimum Data Set (MDS) dated [DATE], revealed a Brief Interview for Mental Status (BIMS) was coded as 14, which indicated no cognitive impairment.
Review of document titled Grievance Log dated 9/1/2022 through 4/26/2023 revealed a grievance entered on behalf of R#11 on 1/9/2023, by the resident's family member and the nature of the grievance indicated care. The log entry indicated the outcome was Reportable and the resolution date of the grievance indicated 1/17/2023 (more than a week after the grievance was initially reported).
Review of the Incident Report Form, dated 1/17/2023, indicated the above allegation was entered into the facility's incident tracking system on that date (eight days after the initial report).
Review of the ''Incident Follow-Up Investigation Report'' dated 1/17/2023 related to R#11's report of care concerns was reviewed and indicated Initial Report: Abuse. The report indicated on 1/9/2023, R#11 alleged to the Social Worker (SW) that Certified Nursing Assistant (CNA) BB (agency) was rough and verbally abusive during activities of daily living (ADL) care. R#11 also alleged CNA BB and CNA CC left her lying in her own feces. According to the investigation report, the SW never reported the allegation of abuse to the Administration. Administration was not made aware of R#11's allegations of abuse until reported by the resident's Representative (RP) to the Director of Nursing (DON) on 1/17/2023 (eight days later) during a Circle of Care/Care Coordination Meeting. The investigation did not include interviews with residents related to potential verbal abuse and rough care by staff members, rather six residents were interviewed by the SW regarding the amount of time it took for staff to answer call lights. The investigation also did not include interviews with any other staff members other than the two CNAs about whom the allegations were made. CNA BB and CNA CC were not put on administrative leave after the first allegation of abuse on 1/9/2023 or during the investigation after a second report of abuse on 1/17/2023. Both CNAs continued to work in the facility with R#11 and other residents after the initial allegation of abuse. A physical assessment of the resident was not completed of R#11 after the allegation of abuse to ensure no injuries were obtained. The investigation conclusion revealed Abuse not verified. Both staff members were still working regularly at the facility in direct contact with residents through the survey exit date of 5/3/2023.
Interview on 4/24/2023 at 12:30 p.m., R#11's RP confirmed report of an allegation of physical abuse/rough treatment by two CNAs was made to the facility social worker on 1/9/2023 and then again to the DON on 1/17/2023.
Interview on 4/28/2023 at 5:45 p.m. with CNA CC, verified she was still working consistently in the facility as a CNA and indicated she did not recall R#11. She stated she did not remember ever being put on administrative leave related to any allegation of abuse.
CNA BB was unavailable for interview during the survey.
Interview on 4/27/2023 at 2:15 p.m., the Social Services Director (SSD) confirmed the Grievance related to R#11's allegation of physical and verbal abuse had not been reported to the facility's Administration as it should have. She stated the grievance should have been immediately referred to the Abuse Coordinator/Administrator on 1/9/2023 when the allegation was initially reported.
2. Review of the clinical record revealed R#12 was admitted to the facility on [DATE] with diagnoses including gastrointestinal hemorrhage and anemia.
The resident's MDS dated [DATE], revealed a Brief Interview for Mental Status (BIMS) was coded as 13, which indicated no cognitive impairment.
Review of a ''Progress Notes,'' dated 4/9/2023 at 7:31 p.m. revealed the CNA reported to the writer that resident reported to her someone had come to her room and took his penis and rubbed it against her vagina. The writer accompanied by the fllor [sic] nurse went to the resident's room. Resident A/O [alert and oriented] x 2 narrated +- what the CNA had reported to the writer. With the help of the floor nurse the resident's generterial [sic] area was assessed. Noted was redness to inner thighs. Resident was also able to show where the rubbig [sic] was by touching the top of her vagina. The note indicated the facility's Abuse Coordinator'' (Administrator), the police, and the resident's family had been notified of the allegation.
Review of the Incident Report Form, dated 4/9/2023, indicated an allegation of sexual abuse was entered into the facility's incident tracking system on that date for the resident. The details indicated, ''Resident informed staff that a man sexually abuse [sic] her, however she could not recall the date and time of the incident.''
Review of the Incident Follow-Up Investigation Report dated 4/9/2023 related to the resident's allegation of sexual abuse was reviewed and indicated Initial Report: Staff to Resident Sexual Abuse. The report indicated R#12 alleged sexual abuse by a staff member to an unidentified CNA on 4/9/2023 at approximately 7:30 p.m. The CNA immediately reported the allegation to the charge nurse. The resident reported that a male tech came into her room, took his penis, and rubbed it against her vagina. The investigation report indicated the resident was noted to have redness to her inner thighs and was able to point out the area that was being rubbed by pointing to the top of her vagina. The report indicated the resident was sent to the hospital after the report of sexual abuse on the evening of 4/9/2023 and sexual abuse could not be determined by the staff at the Emergency Department. Review of the investigation report revealed the facility did not attempt to identify the potential perpetrator of the abuse or conduct interviews with staff and residents to attempt to determine if the abuse had occurred. The investigation conclusion indicated unsubstantiated.
Review of the Nursing Schedules, dated 4/7/2023 through 4/9/2023 revealed four male staff members had been working in direct contact with residents, including R#12 during the allegation timeframe. None of the four staff members were put on administrative leave during the investigation to ensure the residents' protection. All four of the identified staff members were still working consistently in the facility and in direct contact with residents as of the survey exit date of 5/3/2023.
R#12 was unavailable for interview due to the resident being hospitalized for part of the survey timeframe and was too ill to interview/asleep during the remaining timeframe.
Interview on 4/27/2023 at 10:25 a.m., the Administrator confirmed there were multiple male staff members who worked during the time frame of R#12's allegation.
3. Review of the clinical record revealed R#28 was admitted to the facility on [DATE] with diagnoses including morbid obesity, unspecified psychosis, and Wernicke's Encephalopathy.
The resident's MDS dated [DATE], revealed a Brief Interview for Mental Status (BIMS) was coded as 8, which indicated moderate cognitive impairment.
Review of the Incident Report Form, dated 12/21/2022, indicated an allegation of physical abuse was entered into the facility's incident tracking system on that date for the resident. The details indicated, Resident had a fall and states CNA pushed me. The form indicated the alleged perpetrator of the abuse to be CNA DD.
Review of the Incident Follow-Up Investigation Report dated 12/21/2022 related to the resident's allegation of physical abuse was reviewed and indicated Initial Report: Staff to Resident Abuse. The report indicated R#28 alleged physical abuse by a staff member on 12/21/2022. The resident stated CNA DD pushed him down and he cried for help and no one would help him. The report indicated R#28 was found on the floor by another CNA crying and lying face down next to his bed. The report indicated interviews were obtained from three staff members who were working with the alleged perpetrator on the night of the alleged abuse. Two of the three staff members interviewed indicated they were present in the resident's room while he was alleging he had been abused by CNA DD. Both staff members indicated the resident was found face down on the floor and was crying. Both staff members confirmed the allegation of abuse by CNA DD. Both staff members revealed R#28 was further abused (verbally) by CNA DD when she returned to the resident's room and loudly yelled, ''You should have offered him [R#28] some food and watched how fast he got up'' before knocking the resident's cups off his bedside table, and then storming out of the room. According to the investigation report, the allegation of potential abuse was not reported to the facility's Abuse Coordinator until the following morning. CNA DD was not put on administrative leave after the allegation of abuse, and instead remained in the facility for the remaining seven hours of her shift while working in direct contact with residents. According to the report, no additional staff interviews were conducted, and no resident interviews were conducted related to the allegation to determine if the abuse occurred. According to the records, R#28 was not physically assessed to determine if he had been injured during the incident. The investigation conclusion indicated: Unverified, even though reports of verbal abuse by CNA DD to R#28 were verified per interview with staff members present during the incident.
Review of the Nursing Schedule for 12/21/2022 revealed CNA DD remained in the facility for the remainder of her shift on 12/21/2022. In addition, the schedule verified CNA DD was still working consistently in the facility as of the survey exit date of 5/3/2023.
R#28 was unable to be interviewed related to the allegation due to his poor cognition.
Interview on 4/29/2023 at 10:23 a.m. with CNA DD, indicated she was familiar with R#28 and stated she remembered the incident from 12/21/2022. She stated, All I know is I cleaned him [R#28] up and he didn't want to get clean. I cleaned him up and when I finished, I put the bed to the lowest [position] and he pushed himself to the ground. CNA DD confirmed she was not put on administrative leave on the night of the alleged abuse. She stated she remained in the facility working with residents until the end of her shift the next morning. CNA DD stated she was placed on administrative leave the next day after the Administrator arrived at work. She stated after the investigation was done, she was asked to return to work.
Interview on 4/2720/23 at 10:25 a.m., the DON and the Administrator confirmed the Administrator was acting as the facility's Abuse Coordinator. The Administrator stated abuse was to be reported to himself immediately after an allegation and stated any facility staff member could report abuse. He stated after abuse allegations had been reported to him, it was his responsibility to investigate the allegation. The Administrator confirmed his expectation was witness statements would be obtained and the police, the family, the physician, and the local Ombudsman be called. He stated the alleged perpetrator should be suspended pending the outcome of the investigation. The DON confirmed the allegation of potential abuse was not reported timely for R#11 and stated she did not believe any of the above investigations were thorough. The Administrator stated, We should have interviewed residents about staff treatment and other staff as well (related to the above allegations of potential abuse).
Interview on 4/29/2023 at 2:20 p.m. the Clinical Nurse Consultant (CNC) stated his expectation was any allegation of abuse was to be reported to a supervisor immediately and the supervisor was to then immediately call the Abuse Coordinator. He stated allegations of abuse were expected to be thoroughly investigated and residents were to be protected while the investigation was conducted.
4. Review of the policy titled Accidents and Supervision, Investigation, and Reporting, revised 9/2022, indicated the facility shall provide the residents an environment free of accident hazards and each resident receives adequate supervision and assistive devices to prevent accidents. All accidents or incidents must be reported and recorded.
Review of the clinical record revealed R#18 was admitted to the facility on [DATE] with diagnoses including osteoarthritis and dementia.
The resident's MDS dated [DATE], revealed a BIMS score of five, indicating the resident had severe cognitive impairment. Additionally, it was indicated R#18 had no falls since admission, required extensive assistance of one person with bed mobility, dressing, transfers, required two-person assistance with toileting, extensive assistance of one person with personal hygiene, and had impairments to the lower extremities bilaterally.
Review of the care plan revised 2/27/2023 indicated R#18 required assistance with bathing, bed mobility including turning and repositioning, dressing, undressing, transfers, and incontinence care. The care plan indicated R18 had a diagnosis of atrial fibrillation and required the administration of blood thinners.
Review of the Incident Note dated 4/12/2023 at 1:30 p.m. revealed Administrator was present onsite and aware of incident at the time of the concern. DON, ADON (Assistant Director of Nursing), and Administrator responded to bedside to address family and resident concern. When DON asked the resident what caused her bruises, the resident stated, I don't know. DON asked resident directly, Did anyone hurt you intentionally? Resident responded, No. DON requested wound care nurse to complete a head-to-toe skin assessment. DON offered to call MD (Medical Doctor) for radiology of left foot and ankle and resident's RP refused stating to call 911 and have her transported to a hospital. DON called 911 for transport and the resident was transferred to non-emergent transport.
Review of Weekly Skin Observation dated 4/12/2023 at 1:39 p.m., indicated the resident had purple/blue discolorations to the left dorsal great toe and left dorsal proximal foot, purple/blue discolorations to the right upper arm and left upper arm, purple/blue discolorations with petechiae to the right lower extremity, a small open area to left labia, and yellow discolorations to left temple.
Review of a document titled Risk Management indicated R#18 had an injury of unknown cause on 4/12/2023 at 3:00 p.m. The document recorded family members at bedside and requested an immediate call to 911 for EMS (Emergency Medical Services) to remove the resident from facility due to their concerns of care. Resident states that her left great toe and foot has pain and there is a small bruise on top of left great toe, and small bruise to left ankle, and a yellow discoloration to left temple. Scattered petechiae [pinpoint, round spots that appear on the skin as a result of bleeding] to right shin. Head to [sic] assessment from wound care nurse completed. 911 called to transport patient to acute hospital per family request. Administrator aware and submitting reportable and called Ombudsman. The DON notified MD and RP and [family member] at bedside onsite at facility and packed up her belongings. DON answered all question for family.
Review of the Facility Incident Report Form, dated 4/12/2023, indicated R#18 had a dark bruise on left foot reported by resident's family member and informed the Administrator/Abuse Coordinator of the bruise. The report recorded the facility offered to obtain an x-ray, but the family declined. The report recorded the concern was an injury of unknown origin and the alleged perpetrator was unknown. There was no documentation of steps taken by the facility to prevent further incidents.
The conclusion of the investigation on 4/12/2023 recorded, . The conclusion of this investigation is inconclusive. During the interview with DON and others, the resident stated that she wasn't experiencing ankle pain. Secondly the resident takes both Anticoagulant and Anastrozole medications, and lastly the Responsible Party informed the Administrator that her friend advised her how to get the [R#18] closer to home. Corrective action . Administration will continue employee's education on residents' assessments and reporting injuries. This is a late reportable and will be QAPI (Quality Assurance and Performance Improvement) in facility up-coming QAPI.
Interview on 4/26/2023 at 4:29 p.m., the Wound Care Nurse (WCN) stated R#18 was not able to turn and reposition herself, had limited range of motion to her upper extremities, and required full assistance with bilateral lower extremity movement.
Interview on 4/27/2023 at 7:00 p.m., the CNC stated R#18's injuries noted on 4/12/2023 were not reported because nothing happened.
Interview on 4/28/2023 at 9:40 a.m., the Visiting Administrator (VA) EE confirmed the facility did not do an investigation on 4/12/2023 related to R#18's injuries and no witness statements or investigation documentation were available.
Interview on 4/28/2023 at 10:37 a.m., the WCN confirmed that she performed a full body skin assessment on R#18 with the family at the bedside. WCN stated R#18's family member reported bruising to left upper foot and further skin assessment revealed yellow discoloration to the temple, purple/blue discoloration to bilateral upper extremities, and petechiae to left lower extremity, and a small ulcer opening to the labia.
Interview on 4/28/2023 at 10:58 a.m., the DON confirmed that on 4/12/2023, R#18's family was visiting in the resident's room and was upset, stating they wanted her moved out of the facility. The DON she was not aware of any bruising to R#18's body but was aware that the resident was complaining of foot pain. The DON stated the WCN performed a full body skin assessment which revealed discoloration to her foot, possible injury to the foot, and pain reported in one of her feet.
Interview on 4/28/2023 at 2:55 p.m., the Administrator/Abuse Coordinator stated that he reported the injury on 4/12/2023 but did not submit a five-day follow-up. The Administrator did not provide a reason the five-day follow-up report was not submitted.
Interview on 4/28/2023 at 4:24 p.m., the Infection Preventionist (IP) confirmed that on 4/12/2023 she was employed as the ADON and was asked to speak with R#18's family at the bedside. The IP stated she was made aware of a dark purple discoloration to R#18's left great toe, along with purple discoloration to the left ankle, and yellow discoloration to the left temple/forehead area. The ADON confirmed that staff working with R#18 should have reported any bruising immediately but did not. The IP confirmed it was the family member who brought the bruising to the attention of the facility.
Interviews with 11 staff members throughout the facility on 4/27/2023 between 12:00 p.m. and 12:30 p.m. indicated nine of 11 staff members were agency staff working in the facility and three of 11 reported they had not received abuse training from the facility. One agency CNA staff member indicated she had not received abuse training from either her agency or the facility.
CRITICAL
(L)
📢 Someone Reported This
A family member, employee, or ombudsman was alarmed enough to file a formal complaint
Immediate Jeopardy (IJ) - the most serious Medicare violation
Report Alleged Abuse
(Tag F0609)
Someone could have died · This affected most or all residents
⚠️ Facility-wide issue
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on record review, resident, family and staff interviews, and review of the policy titled Abuse Neglect and Exploitation po...
Read full inspector narrative →
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on record review, resident, family and staff interviews, and review of the policy titled Abuse Neglect and Exploitation policy and Accidents and Supervision, Investigation, and Reporting, the facility failed to ensure the immediate reporting of verbal, sexual, and/or physical abuse for three of 31 sampled residents (R) (R#11, R#18, and R#28). Specifically, the facility failed to ensure allegations of physical and verbal abuse for R#11 and R#28 were reported to the Abuse Coordinator, and an allegation of physical abuse was reported timely to the State Survey Agency (SSA) for R#18. The facility's systemic failure to ensure the reporting of abuse created the potential for residents to be or to continue to be abused/neglected/exploited which can lead to serious physical and/or psychological harm for all 126 residents residing in the facility.
On 4/28/2023 a determination was made that a situation in which the facility's noncompliance with one or more requirements of participation had the likelihood to cause serious injury, harm, impairment, or death to residents.
The facility's Administrator and Clinical Nurse Consultant was informed of the Immediate Jeopardy (IJ) on 4/28/2023 at 3:50 p.m. The noncompliance related to the IJ was identified to have existed on 12/21/2022.
An Acceptable Removal Plan was received on 5/2/2023. The removal plan included in-service training for staff on Abuse prevention, Reporting Abuse allegations, and Investigating allegations of abuse, and in-service training for administration staff on reporting and investigating alleged violations. Through observations, record review, and interviews the survey team verified all elements of the facility's IJ Removal Plan, and the immediacy of the deficient practice was removed on 5/1/2023. The facility remained out of compliance while the facility continues management level staff oversight as well as continues to develop and implement a Plan of Correction (POC). This oversight process includes the analysis of facility staff's conformance with the facility's policies and procedures regarding Abuse prevention, Reporting, and Investigating allegations of Abuse.
Findings include:
Review of the policy titled Abuse Neglect and Exploitation policy, dated 12/2017 indicated that each resident has the right to be free from verbal, sexual, physical and mental abuse; corporal punishment; involuntary seclusion; mistreatment of any kind. Reporting/Documentation Requirements: When abuse, neglect or exploitation is suspected: immediately report all alleged violations to the Administrator/Designee, state agency, adult protective services and all other required agencies (e.g., law enforcement when applicable) within specified timeframes.
1. Review of the clinical record revealed R#11 was admitted to the facility on [DATE] with diagnoses including fracture of upper and lower end of right fibula and fracture of right tibia.
Resident #11 is a new admission and entry tracking Minimum Data Set (MDS) dated [DATE] is only MDS available, therefore, no data available at this time.
R#11's Brief Interview for Mental Status (BIMS) score, dated 1/6/2023 and found in the electronic medical record (EMR) under the MDS tab, was 14, indicating the resident was cognitively intact.
Review of document titled Grievance Log dated 9/1/2022 through 4/26/2023 revealed a grievance entered on behalf of R#11 on 1/9/2023, by the resident's family member and the nature of the grievance indicated care. The log entry indicated the outcome was Reportable and the resolution date of the grievance indicated 1/17/2023, eight days after the grievance was initially reported.
Review of the Incident Report Form, dated 1/17/2023, indicated the above allegation was entered into the facility's incident tracking system on that date (eight days after the initial report).
Review of the Incident Follow-Up Investigation Report related to the resident's report of care concerns dated 1/17/2023 indicated, Initial Report: Abuse. The report indicated on 1/9/2023, R#11 alleged to the Social Worker (SW) that Certified Nursing Assistant (CNA) BB (agency) was rough and verbally abusive during activities of daily living (ADL) care. She alleged CNA BB and CNA CC left her lying in her own feces. According to the investigation report, the SW never reported the allegation of abuse to the Administration. Administration was not made aware of these allegations of abuse until reported by the resident's Representative (RP) to the Director of Nursing (DON) on 1/17/2023 (eight days later). Because the allegation of abuse was not timely reported to the Administration, CNA BB and CNA CC were not put on administrative leave and continued to work in the facility with R#11 and other residents for eight days after the initial allegation of abuse.
Review of the Nursing Schedules, dated 1/9/2023 through 1/17/2023 revealed CNA BB and CNA CC remained at work in direct contact with residents, including R#11.
Interview on 4/24/2023 at 12:30 p.m., responsible party (RP) for R#11, confirmed report of an allegation of physical abuse/rough treatment by two CNAs was made to the facility SW on 1/9/2023 and then again to the DON on 1/17/2023.
Interview on 4/28/2023 at 5:45 p.m., CNA CC, she verified she was still working consistently in the facility as a CNA and indicated she did not recall R#11. CNA CC stated she did not remember ever being put on administrative leave related to any allegation of abuse.
Interview on 4/27/2023 at 2:15 p.m., the Social Services Director (SSD) confirmed the Grievance related to R#11's allegation of physical and verbal abuse had not been reported to the facility's Administration as it should have. She stated the grievance should have been immediately referred to the Abuse Coordinator/Administrator on 1/9/2023 when the allegation was initially reported.
2. Review of the clinical record revealed R#28 was admitted to the facility on [DATE] with diagnoses including morbid obesity, unspecified psychosis, and Wernicke's Encephalopathy.
The resident's MDS dated [DATE], revealed a Brief Interview for Mental Status (BIMS) was coded as eight, which indicated moderate cognitive impairment.
Review of the Incident Report Form, dated 12/21/2022, indicated an allegation of physical abuse was entered into the facility's incident tracking system on that date for the resident. The details indicated, Resident had a fall and states CNA pushed me. The form indicated the alleged perpetrator of the abuse to be CNA DD.
Review of the Incident Follow-Up Investigation Report dated 12/21/2022 related to the resident's allegation of physical abuse was reviewed and indicated Initial Report: Staff to Resident Abuse. The report indicated R#28 alleged physical abuse by a staff member on 12/21/2022. The resident stated CNA DD pushed him down and he cried for help, and no one would help him. The report indicated R#28 was found on the floor by another CNA crying and lying face down next to his bed. The report indicated interviews were obtained from three staff members who were working with the alleged perpetrator on the night of the alleged abuse. Two of the three staff members interviewed indicated they were present in the resident's room while he was alleging, he had been abused by CNA DD. Both staff members indicated the resident was found face down on the floor and was crying. Two staff members revealed R#28 was further abused (verbally) by CNA DD when she returned to the resident's room and loudly yelled, ''You should have offered him [R#28] some food and watched how fast he got up'' before knocking the resident's cups off his bedside table, and then storming out of the room. According to the investigation report, the allegation of potential abuse was not reported to the facility's Abuse Coordinator until the following morning. Because the alleged abuse was not timely reported to the Administrator/Abuse Coordinator until the morning of 12/22/22, CNA DD was not put on administrative leave after the allegation of abuse, and instead remained in the facility for the remaining seven hours of her shift while working in direct contact with residents.
Review of the Nursing Schedules, dated 12/21/2022 revealed CNA DD remained in the facility for the remainder of her shift on 12/21/2022, in direct contact with residents, including R#28.
Interview on 4/29/2023 at 10:23 a.m. with CNA DD, confirmed she was not put on administrative leave on the night of the alleged abuse. She stated she remained in the facility working with residents until the end of her shift the next morning. She stated she was put on administrative leave the next day after the Administrator arrived at work.
Interview on 4/27/2023 at 10:25 a.m., the DON and the Administrator confirmed the Administrator was acting as the facility's Abuse Coordinator. The Administrator stated abuse was to be reported to himself immediately after an allegation and stated any facility staff member could report abuse. He stated after abuse allegations had been reported to him, it was his responsibility to investigate the allegation.
Interview on 4/29/2023 at 2:20 p.m. the Clinical Nurse Consultant (CNC), serving as Interim Director of Nursing (DON), stated his expectation was any allegation of abuse was to be reported to a supervisor immediately and the supervisor was to then immediately call the Abuse Coordinator.
3. Review of the policy titled Accidents and Supervision, Investigation, and Reporting, revised September 2022, revealed all accidents or incidents must be reported and recorded.
Review of the clinical record revealed R#18 was admitted to the facility on [DATE] with diagnoses including osteoarthritis and dementia.
The resident's annual MDS dated [DATE], revealed a BIMS score of five, indicating the resident had severe cognitive impairment. Additionally, it was indicated R#18 had no falls since admission, required extensive assistance of one person with bed mobility, dressing, transfers, required two-person assistance with toileting, extensive assistance of one person with personal hygiene, and had impairments to the lower extremities bilaterally.
Review of the care plan revised 2/27/2023 indicated R#18 required assistance with bathing, bed mobility including turning and repositioning, dressing, undressing, transfers, and incontinence care.
Review of the Incident Note dated 4/12/2023 at 1:30 p.m. revealed Administrator was present onsite and aware of incident at the time of the concern. The DON, ADON (Assistant Director of Nursing), and Administrator responded to bedside to address family and resident concern. When DON asked the resident what caused her bruises, the resident stated, I don't know. DON asked resident directly, Did anyone hurt you intentionally? Resident responded, No. DON requested wound care nurse to complete a head-to-toe skin assessment. DON offered to call MD (Medical Doctor) for radiology of left foot and ankle and resident's two daughters refused, stating to call 911 and have her transported to a hospital. DON called 911 for transport and the resident was transferred to non-emergent transport.
Review of Weekly Skin Observation dated 4/12/2023 at 1:39 p.m., indicated the resident had purple/blue discolorations to the left dorsal great toe and left dorsal proximal foot, purple/blue discolorations to the right upper arm and left upper arm, purple/blue discolorations with petechiae (pinpoint, round spots that appear on the skin as a result of bleeding) to the right lower extremity, a small open area to left labia, and yellow discolorations to left temple.
Review of a document titled Risk Management indicated R#18 was noted to have an injury of unknown cause on 4/12/2023 at 3:00 p.m. The document recorded family members at bedside and requested an immediate call to 911 for EMS (Emergency Medical Services) to remove the resident from facility due to their concerns of care. Resident states that her left great toe and foot has pain and there is a small bruise on top of left great toe, and small bruise to left ankle, and a yellow discoloration to left temple. Scattered petechiae to right shin. Head to [sic] assessment from wound care nurse completed. 911 called to transport the patient to acute hospital per family request. Administrator aware and submitting reportable and called Ombudsman. The DON notified MD and RP and sister at bedside.
Review of the Facility Incident Report Form, dated 4/12/2023, indicated R#18 had a dark bruise on left foot reported by resident's family member and informed the Administrator/Abuse Coordinator of the bruise. The report recorded the concern was an injury of unknown origin and the alleged perpetrator was unknown. The incident report's conclusion portion indicated the investigation is inconclusive. During the interview with DON and others, the resident stated that she wasn't experiencing ankle pain. Secondly the resident takes both Anticoagulant and Anastrozole medications, and lastly the Responsible Party informed the Administrator that her friend advised her how to get the [R#18] closer to home. Corrective action is Administration will continue employee's education on residents' assessments and reporting injuries. This is a late reportable and will be QAPI (Quality Assurance and Performance Improvement) in facility up-coming QAPI.
Interview on 4/27/2023 at 7:00 p.m., the CNC stated R#18's injuries noted on 4/12/2023 were not reported because nothing happened.
Interview on 4/28/2023 at 10:37 a.m., the WCN confirmed that she performed a full body skin assessment on R#18 after the family had reported bruising to her left upper foot. The WCN reported the skin assessment revealed yellow discoloration to the temple, purple/blue discoloration to bilateral upper extremities, petechiae to left lower extremity, and a small ulcer opening to the labia.
Interview on 4/28/2023 at 10:58 a.m., the DON confirmed that on 4/12/2023, R#18's family reported she had bruising of which she was unaware. The DON stated she was aware of R#18's complaints of foot pain. The DON stated the WCN performed a full body skin assessment and that is when she became aware of the bruising on R18's body. which revealed discoloration to her foot, possible injury to the foot, and pain reported in one of her feet.
Interview on 4/28/2023 at 2:55 p.m., the Administrator/Abuse Coordinator stated that he reported the injury on 4/12/2023 but confirmed he did not submit a five-day follow-up. The Administrator did not provide a reason the five-day follow-up report was not submitted.
Interview on 4/28/2023 at 4:24 p.m., the Infection Preventionist (IP) confirmed that staff working with R#18 did not report the bruising immediately as they should have reported. The IP confirmed it was the family member who brought the bruising to the attention of the facility.
CRITICAL
(L)
📢 Someone Reported This
A family member, employee, or ombudsman was alarmed enough to file a formal complaint
Immediate Jeopardy (IJ) - the most serious Medicare violation
Investigate Abuse
(Tag F0610)
Someone could have died · This affected most or all residents
⚠️ Facility-wide issue
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on record review, resident, family and staff interviews, and review of the policy titled Abuse Neglect and Exploitation po...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on record review, resident, family and staff interviews, and review of the policy titled Abuse Neglect and Exploitation policy, the facility failed to ensure allegations of verbal, sexual, and/or physical abuse were thoroughly investigated for four of 31 sampled residents (R) (R#11, R#12, R#18, and R#28). Specifically, resident and staff interviews were not conducted during investigations into the allegations to determine if abuse occurred, and the facility failed to identify potential perpetrators of abuse. The facility's systemic failure to ensure the thorough investigation of abuse allegations created the potential for residents to be or to continue to be abused/neglected/exploited which can lead to serious physical and/or psychological harm for all 126 residents residing in the facility.
On 4/28/2023 a determination was made that a situation in which the facility's noncompliance with one or more requirements of participation had the likelihood to cause serious injury, harm, impairment, or death to residents.
The facility's Administrator and Clinical Nurse Consultant was informed of the Immediate Jeopardy (IJ) on 4/28/2023 at 3:50 p.m. The noncompliance related to the IJ was identified to have existed on 12/21/2022.
An Acceptable Removal Plan was received on 5/2/2023. The removal plan included in-service training for staff on Abuse prevention, Reporting Abuse allegations, and Investigating allegations of abuse, and in-service training for administration staff on reporting and investigating alleged violations. Through observations, record review, and interviews the survey team verified all elements of the facility's IJ Removal Plan, and the immediacy of the deficient practice was removed on 5/1/2023. The facility remained out of compliance while the facility continues management level staff oversight as well as continues to develop and implement a Plan of Correction (POC). This oversight process includes the analysis of facility staff's conformance with the facility's policies and procedures regarding Abuse prevention, Reporting, and Investigating allegations of Abuse.
Findings include:
Review of the policy titled Abuse Neglect and Exploitation policy dated 12/2017 indicated each resident has the right to be free from verbal, sexual, physical, and mental abuse; corporal punishment; involuntary seclusion; mistreatment of any kind. Residents will not be subjected to abuse by anyone, including but not limited to, center staff, other residents, consultants, volunteer staff, family members, friends, or others. Investigation of abuse, neglect, and exploitation: When suspicion of abuse, neglect, or exploitation, or reports of abuse, neglect or exploitation occur, an investigation is immediately warranted. Once the resident is cared for and initial reporting has occurred, an investigation should be conducted. Components of an investigation may include: Identifying staff responsible for the investigation; Exercising caution in handling evidence that could be used in a criminal investigation (e.g. not tampering or destroying evidence); Ensure resident safety is not jeopardized. Physically assess resident; Investigating different types of alleged violations; Identifying an interviewing all involved persons, including the alleged victim, alleged perpetrator, witnesses, and others who might have knowledge of the allegations, ensure confidentiality; Focusing the investigation on determining if abuse, neglect, exploitation, and/or mistreatment has occurred, the extent, and cause; and Providing complete and thorough documentation of the investigation; Continue investigation to determine if other residents may be at risk for similar occurrences. If similar residents are at risk, appropriate measures/changes will be implemented.
1. Review of the clinical record revealed R#11 was admitted to the facility on [DATE] with diagnoses including fracture of upper and lower end of right fibula and fracture of right tibia. The resident was discharged from the facility on 1/11/2023.
Resident #11 is a new admission and entry tracking Minimum Data Set (MDS) dated [DATE] is only MDS available, therefore, no data available at this time.
R#11's Brief Interview for Mental Status (BIMS) score, dated 1/6/2023 and found in the electronic medical record (EMR) under the MDS tab, was 14, indicating the resident was cognitively intact.
Review of the Incident Report Form, dated 1/17/2023, indicated the above allegation was entered into the facility's incident tracking system on that date.
Review of the Incident Follow-Up Investigation Report related to the resident's report of care concerns dated 1/17/2023 indicated, Initial Report: Abuse. The report indicated on 1/9/2023, R#11 alleged to the Social Worker (SW) that Certified Nursing Assistant (CNA) BB (agency) was rough and verbally abusive during activities of daily living (ADL) care. She alleged CNA BB and CNA CC left her lying in her own feces. Administration was not made aware of these allegations of abuse until reported by the resident's Representative (RP) to the Director of Nursing (DON) on 1/17/2023 (eight days later). The investigation did not include interviews with residents related to potential verbal abuse and rough care by staff members, rather six residents were interviewed by the SW regarding the amount of time it took for staff to answer call lights. The investigation did not include interviews with other staff members, other than the two CNAs about whom the allegations were made. In addition, a physical assessment was not completed of R#11 after the allegation of potential abuse to ensure no injuries were obtained.
2. Review of the clinical record revealed R#12 was admitted to the facility on [DATE] with diagnoses including gastrointestinal hemorrhage and anemia.
R#12's BIMS score, dated 3/27/2023, and found in the EMR under the MDS tab, was 13, indicating the resident was cognitively intact.
Review of a ''Progress Notes,'' dated 4/9/2023 at 7:31 p.m. revealed CNA reported to the writer that resident reported to her someone had come to her room and took his penis and rubbed it against her vagina.
Review of the Incident Report Form, dated 4/9/2023, indicated an allegation of sexual abuse was entered into the facility's incident tracking system on that date for R#12. The details indicated, ''Resident informed staff that a man sexually abuse [sic] her, however she could not recall the date and time of the incident.''
Review of the Incident Follow-Up Investigation Report dated 4/9/2023 related to the resident's allegation of sexual abuse was reviewed and indicated Initial Report: Staff to Resident Sexual Abuse. The report indicated R#12 alleged sexual abuse by a staff member to an unidentified CNA on 4/9/2023 at approximately 7:30 p.m. Review of the investigation report revealed the facility did not attempt to identify the potential perpetrator of the abuse or conduct interviews with staff and residents to attempt to determine if the abuse had occurred. The investigation conclusion indicated unsubstantiated.
Review of the Nursing Schedules, dated 4/7/2023 through 4/9/2023 revealed four male staff members had been working in direct contact with residents, including R#12 during the allegation timeframe. There was no investigation to specifically rule in or out if any of the four male staff members who were identified as working in direct contact with residents during the time frame of the allegation of sexual abuse.
3. Review of the clinical record revealed R#28 was admitted to the facility on [DATE] with diagnoses including morbid obesity, unspecified psychosis, and Wernicke's Encephalopathy.
R#28's BIMS score, dated 2/2/2023, and found in the EMR under the MDS tab, was eight, indicating the resident was moderately cognitively impaired.
Review of the Incident Report Form, dated 12/21/2022, indicated an allegation of physical abuse was entered into the facility's incident tracking system on that date for the resident. The details indicated, Resident had a fall and states CNA pushed me. The form indicated the alleged perpetrator of the abuse to be CNA DD.
Review of the Incident Follow-Up Investigation Report dated 12/21/2022 related to the resident's allegation of physical abuse was reviewed and indicated Initial Report: Staff to Resident Abuse. The report indicated R#28 alleged physical abuse by a staff member on 12/21/2022. The resident stated CNA DD pushed him down and he cried for help, and no one would help him. The report indicated R#28 was found on the floor by another CNA crying and lying face down next to his bed. The report indicated interviews were obtained from three staff members who were working with the alleged perpetrator on the night of the alleged abuse. Two of the three staff members interviewed indicated they were present in the resident's room while he was alleging, he had been abused by CNA DD. Both staff members indicated the resident was found face down on the floor and was crying. Two staff members revealed R#28 was further abused (verbally) by CNA DD when she returned to the resident's room and loudly yelled, ''You should have offered him [R#28] some food and watched how fast he got up'' before knocking the resident's cups off his bedside table, and then storming out of the room. According to the report, no additional staff interviews were conducted, and no resident interviews were conducted related to the allegation to determine if the abuse occurred. According to the records, R#28 was not physically assessed to determine if he had been injured during the incident. The investigation conclusion indicated: Unverified, even though reports of verbal abuse by CNA DD to R#28 were verified per interview with staff members present during the incident.
Interview on 4/2720/23 at 10:25 a.m., the DON and the Administrator confirmed the Administrator was acting as the facility's Abuse Coordinator. The Administrator stated after an abuse allegation had been reported to him, it was his responsibility to investigate the allegation. The Administrator confirmed his expectation was witness statements would be obtained, including additional residents and staff who might know of the potential abuse. The DON stated she did not believe any of the above investigations were thorough. The Administrator stated, We should have interviewed residents about staff treatment and other staff as well (related to the above allegations of potential abuse).
Interview on 4/29/2023 at 2:20 p.m. the Clinical Nurse Consultant (CNC) stated his expectation was any allegation of abuse was expected to be thoroughly investigated and residents were to be protected while the investigation was conducted.
4. Review of the clinical record revealed R#18 was admitted to the facility on [DATE] with diagnoses including osteoarthritis and dementia.
The resident's MDS dated [DATE], revealed a BIMS score of five, indicating the resident had severe cognitive impairment. Additionally, it was indicated R#18 had no falls since admission, required extensive assistance of one person with bed mobility, dressing, transfers, required two-person assistance with toileting, extensive assistance of one person with personal hygiene, and had impairments to the lower extremities bilaterally.
Review of the care plan revised 2/27/2023 indicated R#18 required assistance with bathing, bed mobility including turning and repositioning, dressing, undressing, transfers, and incontinence care.
Review of the Incident Note dated 4/12/2023 at 1:30 p.m. revealed Administrator was present onsite and aware of incident at the time of the concern. The DON, ADON (Assistant Director of Nursing), and Administrator responded to bedside to address family and resident concern. When DON asked the resident what caused her bruises, the resident stated, I don't know. DON asked resident directly, Did anyone hurt you intentionally? Resident responded, No. DON requested wound care nurse to complete a head-to-toe skin assessment. DON offered to call MD (Medical Doctor) for radiology of left foot and ankle and resident's two daughters refused, stating to call 911 and have her transported to a hospital. DON called 911 for transport and the resident was transferred to non-emergent transport.
Review of Weekly Skin Observation dated 4/12/2023 at 1:39 p.m., indicated the resident had purple/blue discolorations to the left dorsal great toe and left dorsal proximal foot, purple/blue discolorations to the right upper arm and left upper arm, purple/blue discolorations with petechiae (pinpoint, round spots that appear on the skin as a result of bleeding) to the right lower extremity, a small open area to left labia, and yellow discolorations to left temple.
Review of the Facility Incident Report Form, dated 4/12/2023, indicated R#18 had a dark bruise on left foot reported by resident's family member and informed the Administrator/Abuse Coordinator of the bruise. The report recorded the concern was an injury of unknown origin and the alleged perpetrator was unknown. There was no documentation of steps taken by the facility to prevent further incidents.
Review of the Incident Follow-Up Investigation Report dated 4/28/2023 at 11:00 p.m. and signed by the Administrator indicated summary of interview(s) with other residents: at approximately 3:10 p.m., resident 30-A was asked if she had observed anyone mistreat [R#18] and responded no. At 3:15 p.m., resident 30-B was asked if they had observed anyone mistreating [R#18] and responded no. At 3:18 p.m., resident 31-A was asked if she had observed anyone mistreating [R#18] and responded that she was not aware. The Report recorded the direct-care staff assigned to R#18 on 4/12/2023 was asked if she had observed a bruise on R#18's left foot, and she stated she saw a little purple bruise on the foot but did not report it. The Report recorded the charge nurse assigned to R#18 on that day denied knowledge of R#18 being in pain. The conclusion section of the report indicated, . The conclusion of this investigation is inconclusive. During the interview with DON and others, the resident stated that she was not experiencing ankle pain. Secondly the resident takes both Anticoagulant and Anastrozole medications, and lastly the Responsible Party informed the Administrator that her friend advised her how to get the [R#18] closer to home. Corrective action . Administration will continue employee's education on residents' assessments and reporting injuries. This is a late reportable and will be QAPI [Quality Assurance and Performance Improvement] in facility up-coming QAPI.
There was no documentation of the residents' interviews or whether the residents were asked any other questions related to abuse and neglect. There were no interviews with staff members or potential witnesses, other than the two assigned to the resident. The report was not completed until 04/28/23, after the surveyors had brought the incident to the attention of the Administrator.
CRITICAL
(L)
📢 Someone Reported This
A family member, employee, or ombudsman was alarmed enough to file a formal complaint
Immediate Jeopardy (IJ) - the most serious Medicare violation
Administration
(Tag F0835)
Someone could have died · This affected most or all residents
⚠️ Facility-wide issue
Based on record review, interviews, and review of the policy titled Abuse Neglect and Exploitation, the facility failed to ensure administration provided oversight and monitoring related to the preven...
Read full inspector narrative →
Based on record review, interviews, and review of the policy titled Abuse Neglect and Exploitation, the facility failed to ensure administration provided oversight and monitoring related to the prevention, reporting and investigation of abuse. Four of 31 sampled residents (R) (R#11, R#12, R#18, and R#28) reported allegations of abuse and these allegations were not reported and/or investigated per facility policy. In addition, the Administration failed to ensure residents were appropriately protected from further potential abuse after the allegations. The facility's systemic failure to ensure the prevention of abuse created the potential for residents to be or to continue to be abused/neglected/exploited which can lead to serious physical and/or psychological harm for all 126 residents residing in the facility.
On 4/28/2023 a determination was made that a situation in which the facility's noncompliance with one or more requirements of participation had the likelihood to cause serious injury, harm, impairment, or death to residents.
The facility's Administrator and Clinical Nurse Consultant was informed of the Immediate Jeopardy (IJ) on 4/28/2023 at 3:50 p.m. The noncompliance related to the IJ was identified to have existed on 12/21/2022.
An Acceptable Removal Plan was received on 5/2/2023. The removal plan included in-service training for staff on Abuse prevention, Reporting Abuse allegations, and Investigating allegations of abuse, and in-service training for administration staff on reporting and investigating alleged violations. Through observations, record review, and interviews the survey team verified all elements of the facility's IJ Removal Plan, and the immediacy of the deficient practice was removed on 5/1/2023. The facility remained out of compliance while the facility continues management level staff oversight as well as continues to develop and implement a Plan of Correction (POC). This oversight process includes the analysis of facility staff's conformance with the facility's policies and procedures regarding Abuse prevention, Reporting, and Investigating allegations of Abuse.
Findings include:
Review of the policy titled Abuse Neglect and Exploitation dated December 2017 indicated each resident has the right to be free from verbal, sexual, physical, and mental abuse; corporal punishment; involuntary seclusion; mistreatment of any kind. Residents will not be subjected to abuse by anyone, including but not limited to, center staff, other residents, consultants, volunteer staff, family members, friends or others. Bullet III. Prevention of Abuse, Neglect and Exploitation: Provide education on what constitutes abuse, neglect, and misappropriation of property. Take appropriate action to allegations or questions of abuse by residents, family members, employees, or visitors. Supervise staff to identify inappropriate behaviors, such as using derogatory language, rough handling or ignoring residents while giving care, directing residents who need toileting assistance to urinate or defecate in their beds. Bullet IV. Identification of Abuse, Neglect and Exploitation. The facility will consider factors indicating possible abuse, neglect and/or exploitation of residents including, but not limited to, the following possible indicators: Resident, staff, or family report of abuse. Verbal abuse of a resident overheard. Physical abuse of a resident observed. Reporting/Documentation Requirements: When abuse, neglect or exploitation is suspected: Immediately report all alleged violations to the Administrator/Designee, state agency, adult protective services, and all other required agencies (e.g., law enforcement when applicable) within specified time frames. Investigation of abuse, neglect, and exploitation: When suspicion of abuse, neglect, or exploitation, or reports of abuse, neglect or exploitation occur, an investigation is immediately warranted. Once the resident is cared for and initial reporting has occurred, an investigation should be conducted. Components of an investigation may include, identifying staff responsible for the investigation; exercising caution in handling evidence that could be used in a criminal investigation (e.g., not tampering or destroying evidence; ensure resident safety is not jeopardized. Physically assess resident; investigating different types of alleged violations; Identifying an interviewing all involved persons, including the alleged victim, alleged perpetrator, witnesses, and others who might have knowledge of the allegations, ensure confidentiality; focusing the investigation on determining if abuse, neglect, exploitation, and/or mistreatment has occurred, the extent, and cause; and providing complete and thorough documentation of the investigation; continue investigation to determine if other residents may be at risk for similar occurrences. If similar residents are at risk, appropriate measures/changes will be implemented.
Review of the Administrator Job Description indicated the Basic Function: Responsible for directing the overall operation of the facility's activities in accordance with current applicable federal, state, and local standards, guidelines and regulations as directed by corporate office and for ensuring that the highest degree of quality patient/resident care is maintained at all times. Number 6. Ensure that patient/resident rights to fair and equitable treatment, self-determination, individuality, privacy, property, and civil rights, including the right to wage complaints are well established and maintained at all times.
The Role of the Abuse Coordinator within the facility's undated Abuse Investigation and Reporting Policies, revealed the role of the Abuse Coordinator: 1. The facility administrator may take the role of the Abuse Coordinator in the facility. 2. If an incident or suspected incident of resident abuse, mistreatment, neglect, or injury of unknown origin is reported, the Administrator/Abuse Coordinator will assign the investigation to an appropriate individual. 3. The Abuse Coordinator shall provide any supporting documents relative to the alleged incident to the person in charge of the investigation. 4. The Abuse Coordinator or designated staff shall keep the resident and his/her representative (sponsor) informed of the progress of the investigation. 5. The Administrator/Abuse Coordinator or designated staff (i.e., DON (Director of Nursing), Department Manager) shall suspend immediately any employee who has been accused of resident abuse, pending the outcome of the investigation. 6. The Administrator/Abuse Coordinator shall ensure that any further potential abuse, neglect, exploitation, or mistreatment is prevented. 7. The Administrator or designated staff shall inform the resident and his/her representative of the status of the investigation and measures taken to protect the safety and privacy of the resident.
Review of the Incident Follow-Up Investigation Report revealed on 1/9/2023, an allegation of physical and verbal abuse was reported for R#11 to the Social Worker (SW). The allegation was not reported to the Administration until 1/17/2023, by R#11's Responsible Party. After the allegation of physical abuse was reported to administration on 1/17/2023, the facility failed to ensure resident safety by suspending the potential perpetrator, failed to assess the resident for potential injury, and failed to thoroughly investigate the allegation of abuse (staff and resident interviews were not completed to attempt to identify whether abuse was occurring in the facility). Due to the staff member not reporting the abuse allegations timely, Certified Nursing Assistant (CNA) BB and CNA CC continued to work with residents.
Review of the Incident Follow-up Investigation Report revealed on 4/9/2023, an allegation of sexual abuse was reported for R#12. The facility failed to ensure resident safety by suspending the potential perpetrators and failed to thoroughly investigate the allegation of abuse (staff and resident interviews were not completed to attempt to identify whether or not abuse was occurring in the facility). The facility failed to attempt to identify the staff member who perpetrated the abuse, hence allowing multiple potential perpetrators (male staff members) to continue to work with residents during the investigation.
Review of the Facility Reported Incident revealed on 4/12/2023, an allegation of multiple injuries of unknown origin/physical abuse was reported for R#18. Facility staff failed to timely report the injuries to administration, the facility failed to thoroughly investigate the injuries of unknown origin (staff and resident interviews were not completed to attempt to identify whether abuse was occurring in the facility), and the facility did not perform a follow-up investigation (5-day) until 4/28/2023.
Review of the Incident Follow-Up Investigation Report revealed on 12/21/2022, an allegation of physical and verbal abuse by CNA DD was made for R#28. The facility did not ensure resident safety by suspending the alleged perpetrator during the investigation (the alleged perpetrator remained at work for the remainder of her shift while working in direct contact with residents), R#28's allegation of abuse was not reported to facility Administration until the next morning (12/22/2022), an investigation into the allegation of physical/verbal abuse was not thorough (it failed to include interviews of staff and residents to determine whether the abuse occurred), and the resident was not physically assessed related to the allegation of physical/verbal abuse. In addition, the alleged abuse allegation was not substantiated despite reports from two staff members that the alleged perpetrator of the abuse loudly made the statement ''You should have offered him some food and watched how fast he got up'' in front of the resident before knocking the residents' cups off his overbed table and storming out of the room.
Interview 4/27/2023 at 10:25 a.m., the Director of Nursing (DON) and the Administrator confirmed the Administrator acted as the facility's Abuse Coordinator. The Administrator confirmed the above staff members were not placed on suspension per policy, assessments were not completed of the residents per policy, and the investigations into the allegations of abuse were not thorough.
Interview on 4/27/2023 at 1:05 p.m., the Administrator stated in response to the survey team's questions, you were right. I thought I was thorough but that is not what it is. [After talking with the surveyors] I realize staff should be suspended and were not suspended.
Interview on 4/29/2023 at 12:30 p.m., the DON stated she was aware the abuse investigations were not thorough. She stated the Administrator was the facility's abuse coordinator and his involvement with abuse investigations was not what it should be.
Cross-reference F600, F609, and F610.
CONCERN
(D)
📢 Someone Reported This
A family member, employee, or ombudsman was alarmed enough to file a formal complaint
Potential for Harm - no one hurt, but risky conditions existed
ADL Care
(Tag F0677)
Could have caused harm · This affected 1 resident
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on observations, record review, resident and staff interviews, and review of the policy titled Bath, Shower/Tub, the facil...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on observations, record review, resident and staff interviews, and review of the policy titled Bath, Shower/Tub, the facility failed to ensure that activities of daily living (ADL) was provided for two residents (R) (R#17 and R#19) related to showers and facial grooming/ assistance with toileting. The sample size was 31.
Findings include:
Review of the policy titled Bath, Shower/Tub, revised February 2018, provided directions for bathing/showering residents, and instructions for documentation and reporting. Documentation 1. The date and time the shower/tub bath was performed. 2. The name and title of the individual(s) who assisted the resident with the shower/tub bath. 3. All assessment data (e.g., any reddened areas, sores, etc., on the resident's skin) obtained during the shower/tub bath. 4. How the resident tolerated the shower/tub bath. 5. If the resident refused the shower/tub bath, the reason(s) why and the intervention taken. 6. The signature and title of the person recording the data. Reporting 1. Notify the supervisor if the resident refuses the shower/tub bath. 2. Notify the physician of any skin areas that may need to be treated. 3. Report other information in accordance with facility policy and professional standards of practice.
1. Review of the clinical record revealed R#19 was admitted to the facility on [DATE] with diagnoses including history of stroke and contractures of her right hand and bilateral lower extremities.
The resident's annual MDS dated [DATE], revealed a Brief Interview for Mental Status (BIMS) score of 13, indicating no cognitive impairment. Section G revealed resident required extensive assistance of one staff member for grooming and bathing/showering.
Review of the care plan dated 1/27/2023 revealed resident has difficulty performing tasks of daily living such as bathing and dressing. Interventions to care included the resident's preference was for a bed bath, required total assistance with bathing and personal hygiene. The care plan did not indicate the number of times per week or time of day the resident preferred to bathe.
Review of electronic medical record (EMR) and paper record lacked evidence an assessment had been completed to determine the number of times per week or the time-of-day R#19 preferred to be bathed.
Review of the facility's shower schedule located in a binder at the nurses' station indicated R#19 was to be showered twice per week on Wednesday and Saturday evenings.
Review of shower records for R#19, dated 4/1/2023 through 4/27/2023, indicated the resident received bed baths on 4/3/2023, 4/8/2023, and 4/23/2023 with assistance from staff. The resident's grooming records of the same date range indicated the resident received grooming services at least once daily with the exception of 4/15/2023, 4/19/2023, 4/20/2023, and 4/22/2023. No refusal of bathing or grooming was documented on the record.
A request for Shower Sheets for 4/1/2023 through 4/27/2023 for R#19 was requested. Only one shower sheet dated 4/26/2023 was provided for the R#19. The shower sheet indicated R#19 refused a shower on that date.
Observation on 4/24/2023 at 11:45 a.m. and 1:15 p.m., resident was seated in a geri-chair in the hallway outside of her room with a full facial beard of abundant approximately half-inch long chin hair. She looked unkempt, as though she had not been recently bathed. Her hair appeared oily.
Observation on 4/25/2023 at 10:25 a.m. and 1:35 p.m., resident's facial hair had been shaved but the resident remained unkempt and continued to appear unbathed.
Observation on 4/26/2023 at 8:50 a.m., resident continued to appear unbathed.
Interview on 4/25/2023 at 1:35 p.m., R#19 stated she wanted her facial hair to removed routinely but when she asked staff to assist her with this, she was usually told, It's not my job. During further interview, she stated staff shaved her facial hair the day before, but it had been a long time prior to that since she had been assisted with facial grooming. She stated she was aware her facial hair was very long, and she did not want it that way. She stated, I want it removed. Shaved, not plucked.
Interview on 4/27/2023 at 12:20 p.m. Certified Nursing Assistant (CNA) FF, indicated she was an agency employee but was familiar with the facility. She stated residents sometimes missed showers because staff were busy and stated facial hair was to be shaved on shower days.
Interview on 4/29/2023 at 1:00 p.m. CNA GG, indicated she worked at the facility three days per week and stated showers were given twice weekly based on resident's room numbers. She stated facial grooming was supposed to be done on shower days. During further interview, she stated if a resident refused a bath the nurse was to be told and staff was supposed to document the refusal in the resident's record.
Interview 4/28/2023 at 12:07 p.m., CNA HH stated he worked frequently in the facility and was familiar with the residents. He stated showers were given based on room number. He stated if a shower was refused, it was to be documented in the resident's record. CNA HH stated he was familiar with R#19 and, though he had not recently given her a bath, he did not know her to refuse her bathing.
Interview on 4/29/2023 at 2:20 p.m., Clinical Nurse Consultant (CNC) Interim Director of Nursing (DON)) stated that baths/showers were scheduled twice weekly based on resident room number. He stated residents had the right to refuse bathing, but if a resident refused a bath or shower that was to be documented in the resident's electronic record and/or on the resident's shower sheet.
2. Review of the clinical record revealed R#17 was admitted to the facility on [DATE] with diagnoses including bladder cancer, respiratory failure, protein-calorie malnutrition, weakness, and osteoarthritis.
The resident's MDS dated [DATE] revealed a BIMS score that was unable to be completed due to impaired cognition. The assessment indicated the resident required one person assistance with bed mobility, dressing, toileting, personal hygiene, and that bathing was not provided to the resident during the lookback period. The assessment recorded resident was always incontinent of bowel and bladder.
Review of the care plan dated 3/16/2023 documented staff was to keep resident skin clean and dry.
Review of the Progress Notes, dated 3/14/2023 through 3/17/2023 revealed no documentation resident had refused any baths or hygiene care.
Review of the facility's shower schedule indicated R#17 was to receive a shower/bath on Tuesdays and Fridays during the 3:00 p.m. - 11:00 p.m. shift.
Review of the Documentation Survey Report v2, indicated the resident was not monitored for bladder continence/incontinence, bowel continence/incontinence, personal hygiene, toilet use, or bowel movements during one or more shifts from 3/14/2023 through 3/17/2023 or bathed from 3/14/2023 - 3/17/2023.
Interview on 4/25/2023 at 5:34 p.m., Hospital Registered Nurse (HRN) II stated R#17 came to the hospital on 3/17/2023 complaining of pain to the lower abdomen/bladder area. HRN II stated upon assessment, during urinary catheterization, it was noted that residents' labia, buttocks, and inner thighs were raw and excoriated. HRN II stated R#17 was alert and oriented to person, place, time, and situation and reported the staff at the facility did not change her very often. HRN II stated R#17's family was at the bedside and stated they did not want her to return to the facility due to lack of incontinent and hygiene care.
Interview on 4/28/2023 at 10:58 a.m., Director of Nursing (DON) stated the Unit Managers (UM) were responsible for checking CNAs documentation before they left their shift for the day. The DON stated the CNAs knew they were supposed to document all hygiene care, bathing, and showering provided to every resident before leaving for the day. The DON stated, If it wasn't documented, it wasn't done.
CONCERN
(D)
📢 Someone Reported This
A family member, employee, or ombudsman was alarmed enough to file a formal complaint
Potential for Harm - no one hurt, but risky conditions existed
Quality of Care
(Tag F0684)
Could have caused harm · This affected 1 resident
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on record review, interviews, and policy review, the facility failed to ensure weekly skin assessments were performed for ...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on record review, interviews, and policy review, the facility failed to ensure weekly skin assessments were performed for five residents (R) (R#14, R#15, R#16, R#18, and R#19) reviewed for skin assessments; and failed to ensure R#20 was provided return transportation from a medical appointment in a timely manner. The sample size was 31.
Findings include:
Review of the document titled, Job Description and Performance Evaluation - Social Worker, dated 5/2017, revealed to assist in arranging transportation to other facilities when necessary.
Review of the policy titled Pressure Injury Prevention and Management, dated 5/2018, revealed Licensed nurses will conduct a skin assessment on all residents upon admission/re-admission, weekly, and as needed. Findings will be documented in the medical record. The Nurse Manager, or designee, will review all relevant documentation regarding skin assessments, pressure injury risks, progression towards healing, and compliance and document a summary of findings in the medical record.
1. Review of the clinical record revealed R#14 was admitted to the facility on [DATE] with a primary diagnosis of nontraumatic intracranial hemorrhage and discharged from the facility on 8/17/2022.
The resident's admission Minimum Data Set (MDS) dated [DATE], revealed resident was at risk for pressure ulcers but did not have any pressure ulcers at the time of the assessment.
Review of Weekly Skin Assessments for R#14 revealed no documentation of weekly skin assessments from 7/30/2022 through 8/17/2023.
2. Review of clinical record revealed R#15 was admitted to the facility on [DATE] with a primary diagnosis of peripheral autonomic neuropathy and was discharged from the facility on 12/2/2022.
The resident's quarterly MDS dated [DATE], revealed the resident was at risk for pressure ulcers but did not have any pressure ulcers at the time of the assessment.
Review of Weekly Skin Assessments, for R#15 revealed no documentation of weekly skin assessments from 7/9/2022 through 9/17/2022 or from 9/17/2022 until R#15 was discharged on 12/2/2022.
3. Review of the clinical record revealed R#16 was admitted to the facility on [DATE] with a primary diagnosis of respiratory failure and was discharged from the facility on 3/28/2023.
The resident's annual MDS dated [DATE], revealed R#16 was at risk for pressure ulcers and had one stage IV pressure ulcer.
Review of the Weekly Skin Assessments, for R#16 revealed a skin assessment was completed on 1/6/2023 but no additional skin assessments were completed before she was discharged on 3/28/2023.
4. Review of clinical record revealed R#18 was admitted to the facility on [DATE] with a primary diagnosis of osteoarthritis and was discharged from the facility on 4/12/2023.
The residents annual MDS dated [DATE], revealed R#18 was at risk for pressure ulcers but did not have any pressure ulcers at the time of the assessment.
Review of the Weekly Skin Assessments, for R#18 revealed weekly skin assessments were done on 2/10/2022, 3/24/2022, 7/4/2022, 7/28/2022, and 4/12/2023. No other skin assessments were documented between these dates.
5. Review of the clinical record revealed R#19 was admitted to the facility on [DATE] with diagnoses including history of stroke.
The resident's annual MDS dated [DATE] indicated the resident was at risk for pressure ulcers but did not have any pressure ulcers at the time of the assessment.
Review of the care plan dated 1/27/2023 indicated the resident was at risk for developing pressure sores due to her medical fragility. Interventions to care included follow facility procedures for the prevention of skin breakdown.
Review of the Weekly Skin Observation Report, dated 2/27/2023 through 4/27/2023 revealed there were weekly skin assessments present 8/20/2022 and then not again until 2/27/2023. In addition, there were two Weekly Wound Reports dated 3/6/2023 and 3/13/2023. The 3/13/2023 Weekly Wound Report indicated the resident's skin was clear. After 3/13/2023 there were no additional weekly skin assessments in the resident's record.
Interview on 4/26/2023 at 4:29 p.m., the Wound Care Nurse (WCN) stated the floor nurses were responsible for performing weekly skin assessments.
Interview on 4/28/2023 at 10:37 a.m. the WCN confirmed that residents were not receiving weekly skin assessments due to having agency staff nurses.
Interview on 4/28/2023 at 10:58 a.m., the Director of Nurses (DON) stated that in February or March of 2023, the facility realized residents were not receiving their weekly skin assessments. The DON stated since that time, she had been trying to get a team together to ensure compliance, and the WCN had an assignment sheet that was provided to the floor nurses for weekly skin assessments. The DON stated that she felt the weekly skin assessments were not being done due to inconsistent Unit Managers and staffing turnover with agency staff.
Interview on 4/28/2023 at 4:24 p.m., the Infection Preventionist (IP) stated that weekly skin assessments were not being done on a consistent basis due to agency nurses' turnover which made it hard to keep skin assessments ongoing.
Interview on 4/29/2023 at 2:20 p.m. the Interim Director of Nursing (DON), stated his expectation was weekly skin assessments were to be done by licensed nursing staff weekly. He stated his expectation was that any nurse working in the facility, whether a facility employee or from an agency, should know to conduct the skin assessments each week.
6. Review of the policy titled Transportation Policy, dated 7/19/2021, revealed the facility will provide assistance in arranging transportation for residents.
Review of the clinical record revealed R#20 was admitted to the facility on [DATE] with a primary diagnosis of peripheral vascular disease.
The residents quarterly MDS dated [DATE] revealed a BIMS score of 14, indicating the resident was cognitively intact.
Review of the Progress Note, dated 12/5/2022 at 7:10 p.m. revealed resident returned from appointment. Resident able to voice needs and concerns. The resident only voices concern of having to wait so long for transportation back to facility.
Interview on 4/24/2023 at 2:45 p.m., the Manager of Hospital Care Coordinator stated that R#20 had a doctor's appointment on 12/5/2022 and staff at the clinic noticed him sitting alone after his appointment. She stated she called the facility multiple times, and no one ever returned her call. The Manager stated she also called the Clinical Liaison (Licensed Practical Nurse (LPN) LL) who told her she would call for transport, but no one ever came for R#20.
Interview on 4/25/2023 at 2:35 p.m., the DON stated that on 12/5/2022, R#20 was transported to a doctor's appointment, and the transport company was supposed to pick him up after the visit was completed and bring him back to the facility. The DON stated the transport company did not pick him up, so staff at the clinic called an Uber for him. The DON reported the transport company told the DON and the Administrator during a meeting after the incident that they were expecting the resident to call for a pickup. The DON confirmed that LPN MM documented that R#20 returned to the facility at 7:10 p.m. on 12/5/2022.
Interview on 4/25/2023 at 2:44 p.m., the Administrator stated that at 5:00 p.m. on 12/5/2022, staff were looking for R#20 and one of the nurse managers called the clinic to see if R#20 was still there and was told they did not have a patient by that name. The Administrator stated later that day, he found out that someone from the hospital had sent R#20 back to the facility via Uber. The Administrator stated the facility protocol for medical appointments was for the driver to provide the resident with a paper listing instruction for the provider to call when the resident's appointment was completed.
Interview on 4/25/2023 at 3:32 p.m., LPN MM stated she was on duty on 12/5/2022 and overheard staff saying they were looking for R#20, and then shortly after that, R#20 showed up at the facility. LPN MM stated that R#20 was upset he had to wait so long to get back to the facility.
Interview on 4/26/2023 at 10:27 a.m., LPN LL stated she was aware R#20 had to wait for transportation for an extended period after his appointment on 12/5/2022. She stated a case manager from the hospital clinic notified her at approximately 5:00 p.m. on that day reporting they noticed R#20 unattended in the lobby and they were concerned because he had been waiting there for so long after his appointment. She stated she called the facility and was told that transport had been notified the resident needed transportation back from his appointment. During further interview, she stated she made two or three calls to the facility and to the transportation company, and no one had picked R#20 up. LPN MM stated that she was not aware until the following day that the clinic had made Uber arrangements for R#20 to get back to the facility.
Interview on 4/26/2023 at 11:09 a.m., the Social Services Director (SSD) stated on 12/5/2022 she received a phone call at approximately 5:00 p.m. from the transport company stating R#20 had already been picked up from the medical clinic. The SSD stated she informed them that R#20 had not been picked up because the resident was on the phone with a nurse from the clinic. The SSD stated the facility policy was for the Unit Clerk to make transportation arrangements and that she did not have any responsibilities related to arranging transportation for residents and their medical appointments.
Interview on 4/26/2023 at 11:21 a.m., R#20 stated that after he finished his visit with the physician on 12/5/2022, he called the transport company several times and no one ever showed up. R#20 reported a lady from the hospital eventually called for an Uber to come pick him up from the clinic and bring him back to the facility. During further interview, he stated his appointment was around 2:00 p.m. that day and he was finished around 4:00 p.m. R#20 reported he did not return to the facility until 7:00 p.m. that evening.
CONCERN
(D)
📢 Someone Reported This
A family member, employee, or ombudsman was alarmed enough to file a formal complaint
Potential for Harm - no one hurt, but risky conditions existed
Deficiency F0692
(Tag F0692)
Could have caused harm · This affected 1 resident
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on record reviews, interviews, and review of the policy titled Food and Nutrition Services and Activities of Daily Living,...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on record reviews, interviews, and review of the policy titled Food and Nutrition Services and Activities of Daily Living, the facility failed to assess and monitor the nutritional status of one resident (R) (R#14) of five sampled residents reviewed for nutritional status.
Findings include:
Review of the policy titled Food and Nutrition Services, revised October 2017, revealed the multidisciplinary staff, including nursing staff, the attending physician and the dietitian will assess each resident's nutritional needs. Nurse aides and feeding assistants will provide support to enhance the resident experience. Nursing personnel, with the assistance of the food and nutrition services staff, will evaluate (and document as indicated) food and fluid intake of residents with, or at risk for, significant nutritional problems. Variations from usual eating or intake patterns will be recorded in the resident's medical record and brought to the attention of the nurse. A nurse will evaluate the significance of such information and report it, as indicated, to the attending physician and dietitian.
Review of the undated policy titled, Activities of Daily Living (ADLs), Supporting, indicated residents who are unable to carry out activities of daily living independently will receive the services necessary to maintain good nutrition. Appropriate care and services will be provided for residents who are unable to carry out ADLs independently, with the consent of the resident and in accordance with the plan of care, including appropriate support and assistance with dining (meals and snacks).
Review of the clinical record revealed R#14 was admitted to the facility on [DATE] with a primary diagnosis of nontraumatic intracranial hemorrhage and discharged from the facility on 8/17/2022.
The resident's admission Minimum Data Set (MDS) dated [DATE], revealed a Brief Interview for Mental Status (BIMS) score of 99, indicating the resident was unable to complete the interview due to cognitive impairment.
Review of Orders, revealed no physician orders for weight monitoring or dietary supplements.
Review of the care plan dated 7/21/2022, revealed the resident was at risk for altered nutrition and weight loss related to a diagnosis of cerebral vascular accident (stroke) with left-sided deficits, left thalamic hemorrhage, chronic kidney disease stage V, and weight loss on admission. The goal was listed as the resident would have no unaddressed significant weight changes of 5% in one month or 10% in six months. Interventions to care included therapeutic/mechanically altered diet, monitor, record, and report signs and symptoms of malnutrition to the physician; monitor and record intake at every meal; weigh monthly and as ordered; and to encourage resident to feed herself as much as possible.
Review of the Documentation Survey Report v2, dated July 2022 - August 2022, revealed:
1. No documentation staff provided feeding assistance on 7/21/2022, 7/22/2022, 7/31/2022, 8/3/2022, 8/7/2022, or 8/15/2022.
2. No documentation of the amount of food consumed at any meal on 7/21/2022 or at the morning and noon meals on 7/22/2022 and 7/23/2022.
3. No documentation of fluids offered in addition to meals or bedtime snacks on the evening shift on 8/3/2022, 8/6/2022, and 8/7/2022.
4. No documentation of the amount of food consumed on one or more meals on 8/3/2022, 8/7/2022, and 8/15/2022.
5. Documentation resident refused one or more meals on 8/9/2022, 8/11/2022, 8/13/2022, 8/14/2022, 8/15/2022, 8/16/2022, and 8/17/2022; and
6. Documentation resident was sent to the emergency room on 8/17/2022 due to a change in status related to no oral intake.
Review of the Progress Notes, from 7/25/2022 through 8/17/2022 indicated nursing staff was not made aware of resident refusing food/fluids on 8/13/2022 through 8/17/2022.
Review of the recorded weights revealed resident weighed 137 pounds on 7/29/2022 and 130.6 pounds on 8/11/2022. This represented a 4.67% (6.4 pounds) weight loss in 13 days.
Interview on 4/29/2023 at 11:08 a.m., the Registered Dietitian (RD) stated the facility policy for weight and nutrition monitoring was to obtain a baseline weight upon admission, daily weights for three days, then weekly weights, and then once monthly weights. The RD stated that she was made aware of any residents with weight loss by doing a weekly review of a Weight Exception Report located in the electronic medical record (EMR). The RD stated she was not aware of R#14's weight loss.
Interview on 4/29/2023 at 12:53 p.m., Director of Rehabilitation stated that on 7/22/2022 nursing staff were made aware that R#14 required maximum queuing to close her lips around the spoon during meal and had fatigued labial movements.
Interview on 4/29/2023 at 1:30 p.m., the Unit Manager (UM) TT confirmed that all residents should be weighed upon admission, then for three days, then weekly for four weeks, and then monthly. UM TT reviewed a paper weight monitoring log located at the nurses' station and confirmed that R#14 was not weighed until 7/29/2022, which was one week after she was admitted . She stated staff documented resident had refused multiple meals from 8/13/2022 through 8/17/2022, but nursing staff had not been made aware of the refusals. During further interview, UM TT stated when weights were recorded in the EMR, the system would trigger to notify the nurse of weight loss; however, due to staff not weighing the resident, the nurses were not alerted of the weight loss. UM TT confirmed that R#14 was not being offered any meal supplements and had no orders for supplements.
CONCERN
(D)
📢 Someone Reported This
A family member, employee, or ombudsman was alarmed enough to file a formal complaint
Potential for Harm - no one hurt, but risky conditions existed
Deficiency F0761
(Tag F0761)
Could have caused harm · This affected 1 resident
Based on observations, staff interviews, and review of policy titled Storage of Medications, the facility failed to ensure medications were securely stored on one of four medication carts. Specificall...
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Based on observations, staff interviews, and review of policy titled Storage of Medications, the facility failed to ensure medications were securely stored on one of four medication carts. Specifically, the medication cart on D Wing was left unlocked with the keys hanging from the lock, leaving the contents of the medication cart, including controlled medications, to be easily accessible to anyone in the area. The census was 126.
Findings include:
Review of the policy titled Storage of Medications revised 4/2007, indicated the facility shall store all drugs and biologicals in a safe, secure, and orderly manner. Number 2. The nursing staff shall be responsible for maintaining medication storage AND preparation areas in a clean, safe, and sanitary manner.
Observation on 4/24/2023 at 9:30 a.m. medication cart on D Wing was observed unlocked, unattended, and with the keys hanging from the lock.
On 4/24/2023 at 9:35 a.m., the Director of Nursing (DON) was immediately summoned to the medication cart by the surveyor and stated What the What? Who is on this med cart? I will find out who is on this medication cart right away. This [the unlocked cart] is definitely not okay. The DON was able to indicate the nurse responsible for the medication cart on the D Wing was Registered Nurse (RN) AA. The DON stated RN AA was an agency nurse and it was her first shift working in the facility.
Interview on 4/25/2023 at 10:25 a.m. with RN AA, stated she had to go to the bathroom urgently and ran to bathroom without first locking the cart and safeguarding the keys. She stated, I didn't want to piss myself. RN AA stated she understood the medication cart was to be locked and the keys secured for safety reasons whenever it was not attended by the nurse assigned to the medication cart.
Interview on 4/29/2023 at 2:20 p.m. with the Clinical Nurse Consultant (CNC), serving as interim Director of Nursing (DON) stated his expectation was that the medications carts be kept locked and secured when not attended for safety reasons. CNC acknowledged leaving the medication cart unlocked and the keys accessible created the potential for medications, including controlled medications, to be misappropriated from the cart.
CONCERN
(D)
📢 Someone Reported This
A family member, employee, or ombudsman was alarmed enough to file a formal complaint
Potential for Harm - no one hurt, but risky conditions existed
Deficiency F0790
(Tag F0790)
Could have caused harm · This affected 1 resident
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on record review and interviews. and the facility failed to provide dental services for one of one sampled resident (R) (R...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on record review and interviews. and the facility failed to provide dental services for one of one sampled resident (R) (R#15) reviewed for dental services.
Findings include:
Review of clinical record revealed R#15 was admitted to the facility on [DATE] with a primary diagnosis of peripheral autonomic neuropathy and was discharged from the facility on 12/2/2022.
The resident's most recent quarterly Minimum Data Set (MDS) dated [DATE], revealed a Brief Interview for Mental Status (BIMS) score of 15, indicating no cognitive impairment. Section G revealed resident required extensive assistance of one person for personal hygiene, required a mechanically altered diet, and had mouth or facial pain and discomfort or difficulty with chewing.
Review of the Clinical Physician Orders, indicated dental care as needed.
Review of the Nutritional Evaluation, dated 7/10/2022, indicated resident required a mechanical soft diet, had partial dentures, had chewing impairments affecting nutrition, and had a prior hospitalization with a diagnosis of failure to thrive. It was documented R#15 received a mechanically soft diet due to chewing issues, was to receive new dentures, and wanted to remain on a mechanically soft diet.
Review of the Progress Notes, dated 10/4/2022, revealed resident complained of his bottom chipped tooth hurting. Additionally, on 10/4/2022, it was documented, . Resident called [family member] and got no answer and then dialed 911. Officers in the building to follow up. Resident telling them his tooth hurts, and no one is doing anything. This writer medicated him with Tylenol times two and reported to SW (Social Worker).
Review of the Progress Notes, dated 10/6/2022, revealed resident had complained of tooth pain and required oral pain medication.
Review of the Progress Notes, dated 10/7/2022, revealed resident had complained of tooth pain and required oral pain medication.
Review of the Clinical Physician Orders, dated 10/7/2022, indicated resident was to receive amoxicillin (an antibiotic) for 10 days related to tooth pain.
Review of the Progress Notes, 10/14/2022, revealed resident had complained of tooth pain and required oral pain medication.
Interview on 4/27/2023 at 4:00 p.m. Licensed Practical Nurse (LPN) JJ confirmed that R#15 had complained of tooth pain and that she notified the physician and received orders for antibiotics.
Interview on 4/27/2023 at 4:15 p.m., LPN KK stated she did not recall any information regarding R#15, but stated when residents report dental or oral pain, the nurse should enter a progress note and list the information on the 24-hour report log so that when the physicians did their rounds, they could see the resident.
Interview on 4/28/2023 at 5:51 p.m. the Social Services Assistant (SSA) stated the facility policy regarding dental referrals included staff bringing the concern to their attention, the Social Services office then making a referral, and coordination would also be made with the business office for billing/insurance purposes. The SSA stated the dentist came to the facility quarterly, and all new admissions or newly identified needs would be seen by the dentist at that time. The SSA reviewed the list of residents who had dental referrals and R#15 was not on the list. The SSA reviewed the EMR progress notes and plan of care and was unable to locate any information regarding a dental referral but confirmed there should have been one submitted. The SSA reviewed residents quarterly care conference note, dated10/25/2022, and confirmed the need for a dental referral was not discussed. The SSA stated it was unknown if the resident attended the conference or not.
Interview on 4/28/2023 at 5:51 p.m., visiting Administrator (VA) EE confirmed a dental referral should have been completed for R#15 but was not done.
CONCERN
(E)
📢 Someone Reported This
A family member, employee, or ombudsman was alarmed enough to file a formal complaint
Potential for Harm - no one hurt, but risky conditions existed
Pharmacy Services
(Tag F0755)
Could have caused harm · This affected multiple residents
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on record review, staff interviews, and review of policies titled Medication Orders and Receipt Record and Administering M...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on record review, staff interviews, and review of policies titled Medication Orders and Receipt Record and Administering Medications, the facility failed to ensure medication was consistently available for four out of 31 sampled residents (R) (R#8, R#26, R#28, and R#31). Specifically, medications were not administered to the residents due to lack of availability of the medications in the facility.
Findings include:
Review of the policy titled Medication Orders and Receipt Record revised 4/2007 indicated the facility shall document all medications that it orders and receives. Number 4. Medications should be ordered in advance, based on the dispensing pharmacy's required lead time.
Review of the undated policy titled Administering Medications revealed medications shall be administered in a safe and timely manner, and as prescribed. Number 3. Medications must be administered in accordance with the orders, including the required time frame.
1. Review of the clinical record revealed R#8 was admitted to the facility on [DATE] with diagnoses including Chronic Obstructive Pulmonary Disease (COPD). The resident was discharged from the facility on 6/26/2022.
A Minimum Data Set (MDS) assessment was not available for R#8 due to her short duration of stay in the facility.
Review of June 2022 Order Summary Report dated 6/21/2022 through 6/26/2022 indicated orders for the resident to receive Fluticasone (a nasal steroid medication) 50 micrograms (mcg) one squirt in each nostril twice daily.
Review of June 2022 Medication Administration Record (MAR) dated 6/21/2022 through 6/26/2022 the code 9 under the Fluticasone administration for 6/22/2022 at 8:00 p.m. and 6/23/2022 at 9:00 a.m. indicated to review Administration Progress Notes for additional information.
Review of the Administration Progress Note, dated 6/23/2022 at 4:40 a.m. and 6/23/2022 at 6:50 p.m. indicated the resident's Fluticasone was not administered on the above referenced dates due to being unavailable in the facility.
2. Review of the clinical record revealed R#26 was admitted to the facility on [DATE] with diagnoses including recent left femur fracture requiring rehabilitation services.
Review of the ''Order Summary Report,'' dated 3/1/2023 through 4/27/2023 indicated orders for the resident to receive: Amiodarone (a heart medication used to regular heart rhythm) 200 Milligrams (mg) once daily, Lexapro (an antidepressant medication) 20 mg twice daily, Atorvastatin (a medication used to lower cholesterol levels) 20 mg once daily at bedtime, and Lidocaine Patch (a pain-relieving topical patch) 4% applied to right shoulder once daily.
Review of the MAR dated 3/1/2023 through 4/27/2023 indicated the code ''9'' under: Amiodarone administration for 3/7/2023 and 3/23/2023; Atorvastatin administration for 03/13/23; Lexapro administration for 3/10/2023; and Lidocaine patch for 4/5/2023, 4/6/2023, 4/7/2023, 4/17/2023, 4/18/2023, 4/19/2023, 4/21/2023, 4/24/2023, and 4/26/2023. The code indicated to review Administration Progress Notes for additional information.
Review of the Administration Progress Notes, dated 3/1/2023 through 4/27/2023 indicated the resident's above referenced medications were not given on the noted dates due to being unavailable in the facility.
3. Review of the clinical record revealed R#28 was admitted to the facility on [DATE] with diagnoses including morbid obesity, unspecified psychosis, and Wernicke's Encephalopathy.
Review of the Order Summary Report, dated 3/1/2023 through 4/27/2023 indicated orders for the resident to receive Xifaxan (a medication used to treat encephalopathy (a brain condition that causes swelling in the brain)) 550 mg twice daily.
Review of the MAR dated 3/1/2023 through 4/27/2023 indicated the code ''9'' under the Xifaxan administration 3/1/2023 through 3/4/2023, at least once daily 3/6/2023 through 3/13/2023, 3/16/2023, 3/17/2023, 3/23/2023, 3/24/2023, 3/26/2023, at least once daily 3/28/2023 through 4/1/2023, at least once daily 4/3/2023 through 4/10/2023, 4/13/2023, 4/14/2023, 4/16/2023, and 4/17/2023. The code indicated to review R#28's Administration Progress Notes for additional information.
Review of the Administration Progress Notes, dated 3/1/2023 through 4/27/2023 revealed the resident's above referenced medications were not given on the noted dates due to it was either ''On order,'' ''Could not be found,'' or was unavailable in the facility.
4. Review of the clinical record revealed R#31 was admitted to the facility on [DATE] with diagnoses including history of stroke and chronic pain syndrome. The resident was discharged from the facility on 2/1/2023.
Review of the Order Summary Report, dated 12/21/2022 through 2/1/2023 indicated orders for the resident to receive: Fluticasone (a nasal steroid medication) 50 mcg two sprays in each nostril one time daily, Decadron (a steroid anti-inflammatory medication) 4 mg twice daily, Lovenox (a blood thinning medication) 60 mg/0.6 milliliters (ml) inject 0.5 ml twice daily subcutaneously, Fentanyl (a potent pain medication) transdermal patch 75 mcg/hour apply one patch every 72 hours, and oxycodone (a pain medication) 5 mg/ml give 20 ml every four hours as needed.
Review of the MARs dated 12/21/2022 through 2/1/2023 indicated the code ''9'' under: Fluticasone administration for 12/22/2022, 1/13/2023, 1/14/2023, 1/16/2023, and 1/19/2023; Decadron administration for 12/21/2022 and 12/22/2022; Lovenox administration on 12/21/2022 and 12/22/2022; Fentanyl Patch administration for 12/21/2022; and oxycodone administration for 12/28/2022 at 6:13 p.m. The code indicated to review R#26's Administration Progress Notes for additional information.
Review of the Administration Progress Notes, dated 12/21/2022 through 2/1/2023 revealed the resident's above referenced medications were not given on the noted dates due to it was either On order, or unavailable in the facility.
Interview on 4/29/2023 at 10:25 a.m., Licensed Practical Nurse (LPN) OO stated she was familiar with the facility and passed medication frequently. LPN OO stated medication was supposed to be ordered for residents in advance when their supply was low (down to five days' worth of medication). LPN OO stated sometimes medications were not available for residents. She stated if medication was not available for a resident, the pharmacy was to be called and medication could be retrieved from the facility's emergency kit (e-kit). LPN DD further stated not all medication was available in the e-kit so the resident would not receive the medication as ordered. The nurse was to document the medication was not available on the MAR.
Interview on 4/29/2023 at 10:25 a.m., Registered Nurse (RN) PP stated she was an agency nurse and this was her first day passing medication in the facility. She stated she had not been able to administer some of the residents' medications already that day, because they were not available. RN PP was unable to remember specifically which residents' medications were not given but stated, ''It was a few medications this morning and I am not even done with morning medication pass.'' RN PP stated she would re-order the missing medications and would document the lack of availability in each resident's MAR.
Interview 4/27/2023 at 10:30 a.m., LPN QQ indicated she was familiar with passing medications in the facility and stated, We have been out of meds [medications for residents]. I don't know if it is the pharmacy causing the problem or if it is the nurses, we have a lot of agency nurses working here, and they do not order medications. During further interview, she stated she had a list of medications that were unavailable for residents that day from the morning medication pass. She stated she would have to re-order the medications and indicated the medications were unavailable on the MAR.
Interview on 4/29/2023 at 10:45 a.m., LPN RR indicated she was an agency nurse but worked at the facility at least three days per week passing medication. She stated, I have come in to work and found routine medications just not ordered, such as blood pressure meds. Sometimes with narcotics (controlled pain medication) we have to wait one or two days before receiving the ordered medication when they are not available.
Interview on 4/29/2023 at 11:35 a.m., Director of Nursing (DON) stated nurses are expected to reorder medications when a resident's supply was low and before the resident ran out of medication. She stated a lot of medication was available in the Omni-Cell (a computerized emergency kit). She stated only certain nurses had access to the Omni-Cell and stated other nurses were expected to go to a nurse with access to request missing medications. The DON confirmed the 9 charted on the residents' MARs indicated to refer to those notes and the notes documented the medication was not given due to not being available. The DON replied that the lack of administration of medications tells her that the nurses are not going to the Omni Cell to retrieve medications. She stated the facility's biggest issue was newly admitted residents not having access to their medication until the next day after admission. The DON stated if a resident was out of a medication that was not stored in the Omni-Cell, the medication had to be ordered and the resident had to wait for the medication to be delivered to the facility. She stated an issue was the nurses were not reordering medications prior to a resident running out. She stated controlled pain medication require a hard prescription from the physician each time it was reordered, and if this process was not timely enough, the resident would not have their pain medication available until the prescription could be obtained and the medication ordered and delivered.
Interview 4/29/2023 at 3:25 p.m., the Consulting Pharmacist indicated she was in the facility monthly and stated per review of her notes from1/1/2023 forward, she noted a concern with resident medication administration being documented with the number ''9'' and then was unable to find the associated progress notes to indicate why the medication was not administered. The Consulting Pharmacist stated her concern had been discussed with the facility's DON in January and February of 2023.
Interview on 4/29/2023 at 2:20 p.m., the Clinical Nurse Consultant (CNC) serving as interim DON indicated he was familiar with the facility and stated his expectation was that nurses order medications for residents when the resident was down to a seven-day supply. The CNC stated all nurses were expected to be oriented on facility practices, including ordering medications, prior to beginning work independently with residents.
CONCERN
(E)
📢 Someone Reported This
A family member, employee, or ombudsman was alarmed enough to file a formal complaint
Potential for Harm - no one hurt, but risky conditions existed
Safe Environment
(Tag F0921)
Could have caused harm · This affected multiple residents
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on record review, observations, and interviews, the facility failed to ensure a clean, safe, and sanitary environment for ...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on record review, observations, and interviews, the facility failed to ensure a clean, safe, and sanitary environment for residents, staff, and visitors related to foul odors on two of four hallways (B and D). Residents during the Resident Council meeting complained specifically about foul odors from R#28. The census was 126.
Findings include:
Review of the clinical record revealed R#28 was admitted to the facility on [DATE] with diagnoses including morbid obesity, unspecified psychosis (out of touch with reality), and Wernicke's Encephalopathy.
The resident's quarterly Minimum Data Set (MDS) dated [DATE] revealed a Brief Interview for Mental Status (BIMS) score of eight, indicating severe cognitive impairment. Section G revealed the resident required extensive assistance from staff to conduct his Activities of Daily Living (ADLs) including grooming, toileting, and bathing. Section H indicated resident was incontinent of bowel and bladder.
Review of the care plan dated 4/25/2023 indicated resident had a self-care deficit related to his morbid obesity. Interventions to care included assist with toileting, requires use of briefs and pads, and is totally dependent on two staff for toilet use, and praise all efforts at self-care. Resident is incontinent of bowel and bladder related to his immobility. Interventions to care included checking on resident during rounds, assisting with toileting as needed, provide loose fitting, easy to remove clothing, and provide peri care after each incontinent episode. The resident had a care plan for resistive to care, specifically, refused to change his clothes, and tended to refuse incontinence care and bathing. Interventions to care include allow resident to make decisions about treatment regimen, provide sense of control, encourage as much participation/interaction as possible during care, if resident resists ADL care, reassure him and leave and return 5 - 10 minutes later and try again, and offer resident 2 - 3 alternatives for activity that ultimately leads to the desired task completion.
During the initial tour of the facility on 4/24/2023 between 10:10 a.m. - 10:25 a.m. revealed foul odor of bowel movement (BM) on all four hallways. The odors were strongest near the nurses' station and on the B and D hallways of the facility.
Observations of the facility on all four hallways were made on 4/24/2023 at 11:30 a.m. and 1:05 p.m., on 4/25/2023 at 9:15 a.m., 10:25 a.m., and 1:35 p.m., on 4/26/2023 at 10:15 a.m. and 3:05 p.m., on 4/28/2023 at 10:15 a.m., and on 4/29/2023 at 1:00 p.m. There was consistently a strong BM odor on two of the four hallways (Hallway B and Hallway D) as well as around the nurse's station in the middle of the hallways during each of these observations.
Observation on 4/27/2023 at 5:45 p.m. and 4/28/2023 at 11:30 a.m. and 2:15 p.m., R#28 was seated outside of his room in his wheelchair with a large basin and absorbent pads under his wheelchair. The resident's appearance was disheveled.
Observation on 4/29/2023 at 1:00 p.m., R#28 was observed seated outside of his room in his wheelchair with the basin and pads on the floor under his wheelchair. Resident smelled of urine and BM and the pads on the floor under the wheelchair appeared to be wet.
Interview 4/24/2023 at 10:50 a.m., the Ombudsman stated she was frequently in the building and had most recently visited the facility the prior week. She stated there was frequently a foul odor on certain hallways and thought the odor could be attributed to soiled linens, and to R#28. She stated R#28 was typically seated in his wheelchair in the hallway and stated from what she understood the resident often refused care, resulting in his briefs becoming saturated with urine and BM with human waste running onto the floor underneath him.
Interview on 4/28/2023 at 9:55 a.m., during a Resident Council meeting, residents voiced the smell was horrible down the hallway and the aides would try to spray stuff in the air, but it was just as bad as the odors. R#28's roommate revealed R#28 was being complained about how R#28 smells and how he piss [sic] and shits in the hallway; and how roommate cannot get in or out of his room.
Interview on 4/28/2023 at 5:45 p.m., Certified Nursing Assistant (CNA) CC indicated she worked in the facility frequently and stated, Certain halls have odors, like the back of D and the B Hall. They smell like BM and urine. B [smells bad] because there is a patient who sits in the hall and defecates on himself.
Interview on 4/29/2023 at 9:45 a.m., Licensed Practical Nurse/Unit Manager (LPN/UM) SS and UM TT, both stated odors in the facility were consistently a problem, and were particularly bad on the B Hallway near where R#28 generally sat outside of his room during the day. UM SS stated, The end of B Hall around R#28 gets really bad and other residents and staff do complain.
Interview on 4/29/23 at 10:10 a.m., CNA UU stated she worked in the facility frequently. She stated, R#28 will sit in his BM and urine all day and the smell is bad. It is odorous. Oh, yes! She indicated R#28's roommate complained about the bad odor often. She stated, And staff complain, too.
Interview on 4/29/2023 at 10:23 a.m., CNA DD stated, I know where R#28's area is, and there are odors. He does not want us to help him clean himself. The odors are like if you sit in pee and poo and do not allow people to take care of you and of course (those odors) will be strong. She stated R#28's roommate frequently complained to staff about the odors.
Interview on 4/28/2023 at 2:30 p.m., Director of Nursing (DON) and the Administrator, revealed the hygiene issues with R#28 had been a problem for a long time. Staff attempted to contact the resident's family member to address the issue and had attempted to get the resident to move to another area during the day, but this had not prevented the odor problem. The DON stated the disposable pads and basin were put under R#28's wheelchair to prevent waste from pooling on the floor and causing an accident hazard.
Interview 4/29/2023 at 11:45 a.m., Housekeeping Director stated odors had been a problem on the B hallway and throughout the facility. He stated part of the problem was nursing staff tended to leave dirty briefs in the trash bins in resident rooms and the shower rooms and the waste was not removed often enough. He also stated part of the problem was the odor related to R#28. During further interview, he stated R#28 sits in his chair in the hallway and defecates and urinates on himself and in his chair and on the floor. He stated nursing would call housekeeping staff to clean up after an incident with R#28, but stated housekeeping staff was not able to remove biohazardous waste like feces and urine. He stated the waste often had to sit on the floor until nursing staff could get around to cleaning it up. He stated, It's an issue. The odors related to this have been a problem and still are currently.
Interview on 4/29/2023 at 2:20 p.m., Clinical Nurse Consultant (CNC)/ Interim Director of Nursing stated his expectation was there would be transient odors which was normal, but overall, the facility should be odor free.